CITO v. STATE, 150 So.3d 829 (2014)
Court: Court of Appeals of Florida
Number: inflco20141017106
Visitors: 11
Filed: Dec. 10, 2014
Latest Update: Dec. 10, 2014
Summary: BLACK , Judge . Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We affirm the remaining issues raised on appeal without comment. Cito was convicted of discharging a firearm from a vehicle within 1000 feet of a person, a second
Summary: BLACK , Judge . Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We affirm the remaining issues raised on appeal without comment. Cito was convicted of discharging a firearm from a vehicle within 1000 feet of a person, a second-..
More
BLACK, Judge.
Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We affirm the remaining issues raised on appeal without comment.
Cito was convicted of discharging a firearm from a vehicle within 1000 feet of a person, a second-degree felony. See § 790.15(2), Fla. Stat. (2006). The offense is punishable by up to fifteen years' imprisonment. See § 775.082(3)(c), Fla. Stat. (2006). However, the trial court imposed a twenty-year sentence for this offense; this sentence is illegal. Therefore, we remand for resentencing as to this count.
Affirmed in part, reversed in part, and remanded.
SILBERMAN and KELLY, JJ., Concur.
Source: Leagle
